Medina v. Medina

Defendant asks dismissal of this complaint as legally insufficient. The pleading recites two causes of action. Being opposed generally the motion under rule 106 of the Rules of Civil Practice must be denied if either states a proper cause of action (Halstead v. General Ry. Signal Co., 268 App. Div. 1060).

Relevant facts as asserted in the first cause of action show that the parties are husband and wife and that they lived together as such until May, 1951; that in October, 1946, certain described real property was conveyed to them; that up to May, 1954, plaintiff “ was compelled to and did…